HB6582 99TH GENERAL ASSEMBLY

LRB099 22093 MLM 49418 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6582

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

See Index

Amends the Election Code. Provides that whenever a designated government agency serves a member of the public, the agency shall inform the individual of the qualifications to register to vote in Illinois, provide an opportunity to attest to meeting those qualifications, and allow the person to decline sending the information to the State Board of Elections. Establishes procedures for the Board to process the voter registration information provided. Provides for what notices shall be mailed to the applicant. Provides that certain information provided by the applicant is confidential. Provides that for any election after January 1, 2018, any person desiring to vote shall provide a valid identifying document and that the judges of election shall inspect and confirm that the name on the valid identifying document conforms to the name in the individual's voter registration record and that, if the valid identifying document contains a photograph, the image displayed is truly an image of the person presenting the document. Provides that if a person cannot provide a valid identifying document, a registered voter may be accompanied at the polling place by an adult known to the registered voter for at least 6 months and that the adult may sign an affidavit attesting to the registered voter's identity and address. Requires the attesting adult to present a valid identifying document. Provides that a voter unable to produce a valid identifying document shall be permitted to cast a provisional ballot. Defines "valid identifying document" and documents that shall suffice as a valid identifying document. Makes other changes. Amends the Illinois Vehicle Code to make conforming changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Sections 1A-16.6, 1A-16.8, 17-9, 18-5, and 18A-5 as follows:

(10 ILCS 5/1A-16.6)

Sec. 1A-16.6. Government agency voter registration.

(a) The By April 1, 2016, the State Board of Elections shall establish and maintain a portal for automatic government agency registration that permits an eligible person to electronically apply to register to vote or to update his or her existing voter registration whenever he or she conducts business, either online or in person, with a designated government agency. The portal shall interface with the online voter registration system established in Section 1A-16.5 of this Code and shall be capable of receiving and processing voter registration application information, including electronic signatures, from a designated government agency. The State Board of Elections shall modify the online voter registration system as necessary to implement this Section.

Voter registration data received from a designated government agency through the online registration application system shall be processed as provided for in Section 1A-16.5 of this Code.

Whenever the registration interface is accessible to the general public, including, but not limited to, online transactions, the interface shall allow the applicant to complete the process as provided for in Section 1A-16.5 of this Code. The online interface shall be capable of providing the applicant with the applicant's voter registration status with the State Board of Elections and, if registered, the applicant's current registration address. The applicant shall not be required to re-enter any registration data, such as name, address, and birth date, if the designated government agency already has that information on file. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections.

(a-5) Whenever an employee of a designated government agency serves a member of the public a government employee is accessing the registration system while servicing the applicant, the agency shall inform the individual in writing of the qualifications to register to vote in Illinois and of the penalties provided by law for submission of a false voter registration application and shall provide an opportunity to attest to meeting those qualifications under penalty of perjury. The agency shall notify the individual that his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application, and that the individual will be registered to vote only if he or she meets the qualifications to register to vote in Illinois. The agency shall not require the individual to provide duplicate information, including, but not limited to, any information he or she has already provided as part of the underlying service transaction, except for a signature. The agency shall inform the individual in writing that declining to transfer his or her personal information for voter registration purposes is confidential and will not affect any services the individual may be seeking from the agency. The agency shall inform the individual that the identity of the designated government agency transferring voter registration information is confidential. The individual shall not be required to disclose the reason for declining, including his or her citizenship status. The agency shall collect all needed information for voter registration. After each transaction, the agency shall electronically transfer to the State Board of Elections personal information relevant to voter registration, including all records of documents relating to identity, address, and citizenship. All designated government agencies shall send this information to the State Board of Elections only if the individual attested that he or she is eligible to register to vote. The State Board of Elections shall electronically transfer to the appropriate election authority all voter registration information required for each voter registration application it creates government employee shall notify the applicant of the applicant's registration status with the State Board of Elections and, if registered, the applicant's current registration address. If the applicant elects to register to vote or to update his or her existing voter registration, the government employee shall collect the needed information and assist the applicant with his or her registration. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections.

(a-10) Upon receipt of personal information collected and transferred by a designated government agency, the State Board of Elections shall check the information against the statewide voter registration database. The State Board of Elections shall create and electronically transmit to the appropriate election authority a voter registration application for any individual who is not registered to vote in Illinois and is not disqualified as provided in subsection (a-15) of this Section or whose information reliably indicates a more recent update to the name or address of a person already included in the statewide voter database, regardless of whether the individual attested to his or her eligibility to register to vote during the agency transaction. The election authority shall process the application accordingly.

(a-15) If the State Board of Elections determines that personal information collected and transferred by the designated government agency of an individual who attested to his or her eligibility to register to vote includes a green card or other legal proof that the person is not a United States citizen, then the State Board of Elections shall not create a voter registration application and shall notify the person of the reason his or her voter registration application is incomplete.

(a-20) Unless the application is incomplete pursuant to subsection (a-15), the State Board of Elections shall create and electronically transmit to the appropriate election authority a voter registration application for any individual who has attested to meeting voter eligibility requirements. If the personal information collected and transferred by the designated government agency does not make it clear whether or not a person is qualified to register to vote in Illinois, then the person's attestation that he or she is so qualified shall be deemed sufficient evidence of meeting qualifications to register to vote and the election authority shall process the application accordingly.

(a-25) The appropriate election authority shall ensure that any applicant who is registered to vote or whose existing voter registration is updated under this Section is promptly sent written notice of the change. The notice may be sent by electronic mail if the applicant has provided an electronic mail address on the voter registration form. The notice required by this subsection (a-25) may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (a-25) shall contain, at a minimum:

(1) the applicant's name, date of birth, and residential address as reflected on the voter registration list;

(2) a statement that the applicant will be registered to vote or will have his or her voter registration updated unless he or she declines registration;

(3) a statement of the qualifications to be a voter;

(4) a statement that it is illegal for a person who is not qualified to be a voter to vote in an election, which shall be printed in larger text than the rest of the notice;

(5) a statement (i) notifying the applicant to opt out if he or she does not meet the qualifications to be a voter by returning a prepaid postcard, opting out online, or otherwise contacting the appropriate election authority and (ii) stating that the applicant does not have to provide a reason he or she is declining voter registration or disclose citizenship status.

(6) a statement notifying the applicant to contact the appropriate election authority if his or her voter registration has been updated in error;

(7) a statement notifying the applicant that he or she may opt out of voter registration, or request a change to registration information, at any time by contacting an election official;

(8) a prepaid postcard allowing the applicant to opt out of voter registration or update his or her voter registration information, or directions for opting out of voter registration or updating voter registration information online;

(9) contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address;

(10) a statement notifying the applicant that some personal information related to voter registration may be subject to public disclosure for purposes related to the electoral process unless protected under an address confidentiality program; and

(11) any other information necessary to fulfill the obligations of this Section or local, State, or federal law.

(a-30) The appropriate election authority shall ensure that any applicant whose voter registration application is not accepted or deemed incomplete is promptly sent written notice of the application's status. The notice may be sent by electronic mail if the applicant has provided an electronic mail address on the voter registration form. The notice required by this subsection (a-30) may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (a-30) shall contain, at a minimum, the reason the application was not accepted or deemed incomplete and contact information for the appropriate election authority including a phone number, address, electronic mail address, and website address.

(a-35) If a designated government agency transfers information, or if the State Board of Elections creates and transmits a voter registration application, for a person who does not qualify as an eligible voter, then it shall not constitute a completed voter registration form, and the person shall not be considered to have registered to vote. If the registration is processed by any election authority, then it shall be presumed to have been effected and officially authorized by the State and that person shall not be found on that basis to have made a false claim to citizenship or to have committed an act of moral turpitude, nor shall that person be subject to penalty under any relevant laws, including, but not limited to, Sections 29-10 and 29-19 of this Code. This subsection (a-35) does not apply to any person who knows that he or she is ineligible to register to vote but who knowingly and willfully registers to vote or attests under penalty of perjury that he or she is eligible to register to vote.

(a-40) No employee of a designated government agency shall transmit to the State Board of Elections personal information for any person who applies for or is issued a temporary visitor's driver's license pursuant to Section 6-105.1 of the Illinois Vehicle Code.

(a-45) In the event that the registration of a voter is changed from one address to another within the State and the voter appears at the polls and offers to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, then the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, then the voter shall be issued a provisional ballot and the provisional ballot shall be counted as provided for under Article 18A of this Code. No voter shall be disqualified from voting due to an error relating to an update of registration made under this Section.

(a-50) In accordance with technical specifications provided by the State Board of Elections, each designated government agency shall maintain a data transfer mechanism capable of transmitting voter registration application information, including electronic signatures where available, to the online voter registration system established in Section 1A-16.5 of this Code. Each designated government agency shall establish and operate a voter registration system capable of transmitting voter registration application information to the portal as described in this Section by July 1, 2016.

(b) Whenever an applicant's data is transferred from a designated government agency, the agency must transmit a signature image if available. If no signature image was provided by the agency or if no signature image is available in the Secretary of State's database or the statewide voter registration database, the applicant must be notified that his or her their registration will remain in a pending status and the applicant will be required to provide identification that complies with the federal Help America Vote Act of 2002 and a signature to the election authority on Election Day in the polling place or during early voting.

(b-5) The State Board of Elections and designated government agencies shall implement policies and procedures to protect the privacy and security of voter information as it is acquired, stored, and transmitted among agencies, including policies for the retention and preservation of voter information. Information designated as confidential under this Section may be recorded and shared among the State Board of Elections, election authorities, and designated government agencies, but shall be used only for voter registration purposes, shall not be disclosed to the public except in the aggregate as required by subsection (d) of this Section, and shall not be subject to the Freedom of Information Act. The following information shall be designated as confidential: any portion of an applicant's Social Security number, any portion of an applicant's motor vehicle driver's license number or State identification number, an applicant's decision to decline voter registration, the identity of the designated government agency providing information relating to a specific applicant, and the personal residence and contact information of any applicant for whom local, State, or federal law requires confidentiality, including, but not limited to, a victim of domestic violence pursuant to the Address Confidentiality for Victims of Domestic Violence Act or a victim of stalking pursuant to the Stalking No Contact Order Act. This subsection (b-5) shall not apply to information the State Board of Elections is required to share with the Electronic Registration Information Center.

(c) The voter registration procedures implemented under this Section shall comport with the federal National Voter Registration Act of 1993, as amended, and shall specifically require that the The State Board of Elections shall track registration data received through the online registration system that originated from a designated government agency for the purposes of maintaining statistics required by the federal National Voter Registration Act of 1993, as amended.

(d) The State Board of Elections shall submit an annual public a report to the General Assembly and the Governor by December 1, 2015 detailing the progress made to implement the government agency voter registration portal described in this Section. The report shall include all of the following: the number of records transferred under this Section by agency, the number of voters newly added to the statewide voter registration list because of records transferred under this Section by agency, the number of updated registrations under this Section by agency, the number of persons who opted out of voter registration, and the number of voters who submitted voter registration forms using the online procedure described in Section 1A-16.5 of this Code. Any report produced under this subsection (d) shall exclude any information that identifies any individual personally.

(d-5) The State Board of Elections, each election authority that maintains a website, and each designated government agency that maintains a website shall provide information on their websites informing the public about the new registration procedures described in this Section. Each designated government agency shall display signage or provide literature for the public containing information about the new registration procedures described in this Section.

(d-10) No later than January 1, 2017, the State Board of Elections shall hold at least one public hearing on implementing this amendatory Act of the 99th General Assembly at which the public may provide input.

(e) The State Board of Elections, in consultation with election authorities, the Secretary of State, designated government agencies, and community organizations, shall adopt rules as necessary to implement the provisions of this Section , in consultation with the impacted agencies.

(e-5) Subsections (a-5) through (a-45) and subsection (b-5) of this Section shall be implemented no later than January 1, 2018.

(f) As used in this Section, a "designated government agency" means the Secretary of State's Driver Services and Vehicle Services Departments, the Department of Human Services, the Department of Healthcare and Family Services, the Department of Employment Security, and the Department on Aging, any federal source that agrees to submit personal identification information to the State for voter registration purposes, and any other reliable State government source the State Board of Elections may designate.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/1A-16.8)

Sec. 1A-16.8. Automatic transfer of registration based upon information from the National Change of Address database and designated government agencies, as defined in Section 1A-16.6 of this Code. The State Board of Elections shall cross-reference the statewide voter registration database against the United States Postal Service's National Change of Address database twice each calendar year, April 15 and October 1 in odd-numbered years and April 15 and December 1 in even-numbered years, and shall share the findings with the election authorities. In addition, beginning no later than September 1, 2016, the State Board of Elections shall utilize data provided as part of its membership in the Electronic Registration Information Center in order to cross-reference the statewide voter registration database against databases of relevant personal information kept by designated government agencies, including, but not limited to, driver's license information kept by the Secretary of State, at least 6 times each calendar year and shall share the findings with election authorities. An election authority shall automatically register any voter who has moved into its jurisdiction from another jurisdiction in Illinois or has moved within its jurisdiction provided that:

(1) the election authority whose jurisdiction includes the new registration address provides the voter an opportunity to reject the change in registration address through a mailing, sent by non-forwardable mail, to the new registration address, and

(2) when the election authority whose jurisdiction includes the previous registration address is a different election authority, then that election authority provides the same opportunity through a mailing, sent by forwardable mail, to the previous registration address.

This change in registration shall trigger the same inter-jurisdictional or intra-jurisdictional workflows as if the voter completed a new registration card, including the cancellation of the voter's previous registration. Should the registration of a voter be changed from one address to another within the State and should the voter appear at the polls and offer to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, the voter shall be issued a provisional ballot and the provisional ballot shall be counted as provided under Article 18A of this Code. No voter shall be disqualified from voting due to an error relating to an update of registration under this Section.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/17-9) (from Ch. 46, par. 17-9)

Sec. 17-9. (a) Any person desiring to vote shall give his name and, if required to do so, his residence to the judges of election, one of whom shall thereupon announce the same in a loud and distinct tone of voice, clear, and audible; the judges of elections shall check each application for ballot against the list of voters registered in that precinct to whom grace period, vote by mail, or early ballots have been issued for that election, which shall be provided by the election authority and which list shall be available for inspection by pollwatchers. A voter applying to vote in the precinct on election day whose name appears on the list as having been issued a grace period, vote by mail, or early ballot shall not be permitted to vote in the precinct, except that a voter to whom a vote by mail ballot was issued may vote in the precinct if the voter submits to the election judges that vote by mail ballot for cancellation. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the election judges (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the election judges specifying that (A) the voter never received a vote by mail ballot or (B) the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot. All applicable provisions of Articles 4, 5 or 6 shall be complied with and if such name is found on the register of voters by the officer having charge thereof, he shall likewise repeat said name, and the voter shall be allowed to enter within the proximity of the voting booths, as above provided. For any election after January 1, 2018, any person desiring to vote must present a valid identifying document to the judges of election, except as provided in subsections (b) and (c) of this Section. The judges of election shall inspect and confirm that the name on the valid identifying document conforms to the name in the individual's voter registration record and that, if the valid identifying document contains a photograph, the image displayed is truly an image of the person presenting the document. One of the judges shall give the voter one, and only one of each ballot to be voted at the election, on the back of which ballots such judge shall indorse his initials in such manner that they may be seen when each such ballot is properly folded, and the voter's name shall be immediately checked on the register list. In those election jurisdictions where perforated ballot cards are utilized of the type on which write-in votes can be cast above the perforation, the election authority shall provide a space both above and below the perforation for the judge's initials, and the judge shall endorse his or her initials in both spaces. Whenever a proposal for a constitutional amendment or for the calling of a constitutional convention is to be voted upon at the election, the separate blue ballot or ballots pertaining thereto shall, when being handed to the voter, be placed on top of the other ballots to be voted at the election in such manner that the legend appearing on the back thereof, as prescribed in Section 16-6 of this Act, shall be plainly visible to the voter. At all elections, when a registry may be required, if the name of any person so desiring to vote at such election is not found on the register of voters, he or she shall not receive a ballot until he or she shall have complied with the law prescribing the manner and conditions of voting by unregistered voters. If any person desiring to vote at any election shall be challenged, he or she shall not receive a ballot until he or she shall have established his right to vote in the manner provided hereinafter; and if he or she shall be challenged after he has received his ballot, he shall not be permitted to vote until he or she has fully complied with such requirements of the law upon being challenged. Besides the election officer, not more than 2 voters in excess of the whole number of voting booths provided shall be allowed within the proximity of the voting booths at one time. The provisions of this Act, so far as they require the registration of voters as a condition to their being allowed to vote shall not apply to persons otherwise entitled to vote, who are, at the time of the election, or at any time within 60 days prior to such election have been engaged in the military or naval service of the United States, and who appear personally at the polling place on election day and produce to the judges of election satisfactory evidence thereof, but such persons, if otherwise qualified to vote, shall be permitted to vote at such election without previous registration.

All such persons shall also make an affidavit which shall be in substantially the following form:

State of Illinois,) ) ss. County of ........) ............... Precinct .......... Ward

I, ...., do solemnly swear (or affirm) that I am a citizen of the United States, of the age of 18 years or over, and that within the past 60 days prior to the date of this election at which I am applying to vote, I have been engaged in the .... (military or naval) service of the United States; and I am qualified to vote under and by virtue of the Constitution and laws of the State of Illinois, and that I am a legally qualified voter of this precinct and ward except that I have, because of such service, been unable to register as a voter; that I now reside at .... (insert street and number, if any) in this precinct and ward; that I have maintained a legal residence in this precinct and ward for 30 days and in this State 30 days next preceding this election.

.........................

Subscribed and sworn to before me on (insert date).

.........................

Judge of Election.

The affidavit of any such person shall be supported by the affidavit of a resident and qualified voter of any such precinct and ward, which affidavit shall be in substantially the following form:

State of Illinois,) ) ss. County of ........) ........... Precinct ........... Ward

I, ...., do solemnly swear (or affirm), that I am a resident of this precinct and ward and entitled to vote at this election; that I am acquainted with .... (name of the applicant); that I verily believe him to be an actual bona fide resident of this precinct and ward and that I verily believe that he or she has maintained a legal residence therein 30 days and in this State 30 days next preceding this election.

.........................

Subscribed and sworn to before me on (insert date).

.........................

Judge of Election.

All affidavits made under the provisions of this Section shall be enclosed in a separate envelope securely sealed, and shall be transmitted with the returns of the elections to the county clerk or to the board of election commissioners, who shall preserve the said affidavits for the period of 6 months, during which period such affidavits shall be deemed public records and shall be freely open to examination as such.

(b) If a person cannot provide a valid identifying document as required by subsection (a) of this Section, a registered voter may be accompanied at the polling place by an adult known to the registered voter for at least 6 months who can verify that the person has resided at his or her stated place of residence for at least 30 days. That adult may sign an affidavit which states under oath or affirmation that the adult has known the registered voter for at least 6 months, that the registered voter is the same person who is present for the purpose of voting, and that the person has resided at his or her stated place of residence for at least 30 days. For the affidavit to be considered valid, the adult shall present a valid identifying document with his or her name, address, and photograph. The affidavit shall be in substantially the following form: State of Illinois,) ) ss. County of ........) ........... Precinct ........... Ward

I, ...., do solemnly swear (or affirm), that I am acquainted with .... (name of the applicant) and have been for at least 6 months; that I verily believe him or her to be an actual bona fide resident of this precinct and ward; and that I verily believe that he or she has maintained a legal residence therein 30 days and in this State 30 days next preceding this election.

.........................

Subscribed and sworn to before me on (insert date).

.........................

Judge of Election.

(c) If the person desiring to vote is unable to furnish a valid identifying document, or if the judges of election determines that the proof of identification presented by the voter does not qualify as a valid identifying document, the person desiring to vote shall be permitted to cast a provisional ballot as provided for under Article 18A of this Code.

(d) Prior to the 2018 primary and general elections, the State Board of Elections shall publicize the requirement to present a valid identifying document on its website.

(e) As used in this Section, a "valid identifying document" means a document that:

(1) has been issued either by the State or one of its political subdivisions or by the federal government; and

(2) contains the name of the person desiring to vote.

Notwithstanding these requirements, "valid identifying document" includes, if the document contains the voter's name, any of the following:

(A) a valid Illinois driver's license or valid Illinois identification card issued by the Secretary of State;

(B) a valid driver's license issued by a state other than Illinois;

(C) a valid United States passport or passport card;

(D) a valid employee identification card with a photograph of the eligible voter issued by any branch, department, agency, or entity of the United States government or of the State of Illinois, or by any county, municipality, board, authority, or other political subdivision of the State;

(E) a valid student identification card with a photograph of the eligible voter issued by an institution of higher education in the State, or a valid high school identification card issued by an Illinois high school;

(F) a valid military identification card issued by the United States with a photograph of the person desiring to vote;

(G) a valid Firearm Owner's Identification Card issued under the Firearm Owners Identification Card Act with a photograph of the person desiring to vote;

(H) a valid concealed carry license issued under the Firearm Concealed Carry Act;

(I) a valid Medicare card or Social Security card;

(J) a valid birth certificate;

(K) a valid voter registration card issued by an election authority in the State;

(L) a valid hunting or fishing license issued by the State;

(M) a valid identification card issued to the voter by the federal Supplemental Nutrition Assistance Program;

(N) a valid identification card issued to the voter by the Temporary Assistance for Needy Families program;

(O) a valid identification card issued to the voter by Illinois' Medical Assistance Program;

(P) a valid bank card or valid debit card;

(Q) a valid utility bill issued within 6 months of the date of the election;

(R) a valid bank statement issued within six months of the date of the election; or

(S) a valid health insurance card issued to the voter.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/18-5) (from Ch. 46, par. 18-5)

Sec. 18-5. (a) Any person desiring to vote and whose name is found upon the register of voters by the person having charge thereof, shall then be questioned by one of the judges as to his nativity, his term of residence at present address, precinct, State and United States, his age, whether naturalized and if so the date of naturalization papers and court from which secured, and he shall be asked to state his residence when last previously registered and the date of the election for which he then registered. For any election after January 1, 2018, any person desiring to vote must present a valid identifying document to the judges of election, except as provided in subsections (b) and (c) of this Section. The judges of election shall inspect and confirm that the name on the valid identifying document conforms to the name in the individual's voter registration record and that, if the valid identifying document contains a photograph, the image displayed is truly an image of the person presenting the document. The judges of elections shall check each application for ballot against the list of voters registered in that precinct to whom grace period, vote by mail, and early ballots have been issued for that election, which shall be provided by the election authority and which list shall be available for inspection by pollwatchers. A voter applying to vote in the precinct on election day whose name appears on the list as having been issued a grace period, vote by mail, or early ballot shall not be permitted to vote in the precinct, except that a voter to whom a vote by mail ballot was issued may vote in the precinct if the voter submits to the election judges that vote by mail ballot for cancellation. If the voter is unable to submit the vote by mail ballot, it shall be sufficient for the voter to submit to the election judges (i) a portion of the vote by mail ballot if the vote by mail ballot was torn or mutilated or (ii) an affidavit executed before the election judges specifying that (A) the voter never received a vote by mail ballot or (B) the voter completed and returned a vote by mail ballot and was informed that the election authority did not receive that vote by mail ballot. If such person so registered shall be challenged as disqualified, the party challenging shall assign his reasons therefor, and thereupon one of the judges shall administer to him an oath to answer questions, and if he shall take the oath he shall then be questioned by the judge or judges touching such cause of challenge, and touching any other cause of disqualification. And he may also be questioned by the person challenging him in regard to his qualifications and identity. But if a majority of the judges are of the opinion that he is the person so registered and a qualified voter, his vote shall then be received accordingly. But if his vote be rejected by such judges, such person may afterward produce and deliver an affidavit to such judges, subscribed and sworn to by him before one of the judges, in which it shall be stated how long he has resided in such precinct, and state; that he is a citizen of the United States, and is a duly qualified voter in such precinct, and that he is the identical person so registered. In addition to such an affidavit, the person so challenged shall provide to the judges of election proof of residence by producing 2 forms of identification showing the person's current residence address, provided that such identification may include a lease or contract for a residence and not more than one piece of mail addressed to the person at his current residence address and postmarked not earlier than 30 days prior to the date of the election, or the person shall procure a witness personally known to the judges of election, and resident in the precinct (or district), or who shall be proved by some legal voter of such precinct or district, known to the judges to be such, who shall take the oath following, viz:

I do solemnly swear (or affirm) that I am a resident of this election precinct (or district), and entitled to vote at this election, and that I have been a resident of this State for 30 days last past, and am well acquainted with the person whose vote is now offered; that he is an actual and bona fide resident of this election precinct (or district), and has resided herein 30 days, and as I verily believe, in this State, 30 days next preceding this election.

The oath in each case may be administered by one of the judges of election, or by any officer, resident in the precinct or district, authorized by law to administer oaths. Also supported by an affidavit by a registered voter residing in such precinct, stating his own residence, and that he knows such person; and that he does reside at the place mentioned and has resided in such precinct and state for the length of time as stated by such person, which shall be subscribed and sworn to in the same way. For purposes of this Section, the submission of a photo identification issued by a college or university, accompanied by either (i) a copy of the applicant's contract or lease for a residence or (ii) one piece of mail addressed to the person at his or her current residence address and postmarked not earlier than 30 days prior to the date of the election, shall be sufficient to establish proof of residence. Whereupon the vote of such person shall be received, and entered as other votes. But such judges, having charge of such registers, shall state in their respective books the facts in such case, and the affidavits, so delivered to the judges, shall be preserved and returned to the office of the commissioners of election. Blank affidavits of the character aforesaid shall be sent out to the judges of all the precincts, and the judges of election shall furnish the same on demand and administer the oaths without criticism. Such oaths, if administered by any other officer than such judge of election, shall not be received. Whenever a proposal for a constitutional amendment or for the calling of a constitutional convention is to be voted upon at the election, the separate blue ballot or ballots pertaining thereto shall be placed on top of the other ballots to be voted at the election in such manner that the legend appearing on the back thereof, as prescribed in Section 16-6 of this Act, shall be plainly visible to the voter, and in this fashion the ballots shall be handed to the voter by the judge.

Immediately after voting, the voter shall be instructed whether the voting equipment, if used, accepted or rejected the ballot or identified the ballot as under-voted. A voter whose ballot is identified as under-voted for a statewide constitutional office may return to the voting booth and complete the voting of that ballot. A voter whose ballot is not accepted by the voting equipment may, upon surrendering the ballot, request and vote another ballot. The voter's surrendered ballot shall be initialed by the election judge and handled as provided in the appropriate Article governing that voting equipment.

The voter shall, upon quitting the voting booth, deliver to one of the judges of election all of the ballots, properly folded, which he received. The judge of election to whom the voter delivers his ballots shall not accept the same unless all of the ballots given to the voter are returned by him. If a voter delivers less than all of the ballots given to him, the judge to whom the same are offered shall advise him in a voice clearly audible to the other judges of election that the voter must return the remainder of the ballots. The statement of the judge to the voter shall clearly express the fact that the voter is not required to vote such remaining ballots but that whether or not he votes them he must fold and deliver them to the judge. In making such statement the judge of election shall not indicate by word, gesture or intonation of voice that the unreturned ballots shall be voted in any particular manner. No new voter shall be permitted to enter the voting booth of a voter who has failed to deliver the total number of ballots received by him until such voter has returned to the voting booth pursuant to the judge's request and again quit the booth with all of the ballots required to be returned by him. Upon receipt of all such ballots the judges of election shall enter the name of the voter, and his number, as above provided in this Section, and the judge to whom the ballots are delivered shall immediately put the ballots into the ballot box. If any voter who has failed to deliver all the ballots received by him refuses to return to the voting booth after being advised by the judge of election as herein provided, the judge shall inform the other judges of such refusal, and thereupon the ballot or ballots returned to the judge shall be deposited in the ballot box, the voter shall be permitted to depart from the polling place, and a new voter shall be permitted to enter the voting booth.

The judge of election who receives the ballot or ballots from the voter shall announce the residence and name of such voter in a loud voice. The judge shall put the ballot or ballots received from the voter into the ballot box in the presence of the voter and the judges of election, and in plain view of the public. The judges having charge of such registers shall then, in a column prepared thereon, in the same line of, the name of the voter, mark "Voted" or the letter "V".

No judge of election shall accept from any voter less than the full number of ballots received by such voter without first advising the voter in the manner above provided of the necessity of returning all of the ballots, nor shall any such judge advise such voter in a manner contrary to that which is herein permitted, or in any other manner violate the provisions of this Section; provided, that the acceptance by a judge of election of less than the full number of ballots delivered to a voter who refuses to return to the voting booth after being properly advised by such judge shall not be a violation of this Section.

(b) If a person cannot provide a valid identifying document as required by subsection (a) of this Section, a registered voter may be accompanied at the polling place by an adult known to the registered voter for at least 6 months who can verify that the person has resided at his or her stated place of residence for at least 30 days. That adult may sign an affidavit which states under oath or affirmation that the adult has known the registered voter for at least 6 months, that the registered voter is the same person who is present for the purpose of voting, and that the person has resided at his or her stated place of residence for at least 30 days. For the affidavit to be considered valid, the adult shall present a valid identifying document with his or her name, address, and photograph. The affidavit shall be in substantially the following form: State of Illinois,) ) ss. County of ........) ........... Precinct ........... Ward

I, ...., do solemnly swear (or affirm), that I am acquainted with .... (name of the applicant) and have been for at least 6 months; that I verily believe him or her to be an actual bona fide resident of this precinct and ward; and that I verily believe that he or she has maintained a legal residence therein 30 days and in this State 30 days next preceding this election.

.........................

Subscribed and sworn to before me on (insert date).

.........................

Judge of Election.

(c) If the person desiring to vote is unable to furnish a valid identifying document, or if the judges of election determines that the proof of identification presented by the voter does not qualify as a valid identifying document, the person desiring to vote shall be permitted to cast a provisional ballot as provided for under Article 18A of this Code.

(d) Prior to the 2018 primary and general elections, the State Board of Elections shall publicize the requirement to present a valid identifying document on its website.

(e) As used in this Section, a "valid identifying document" means a document that:

(1) has been issued either by the State or one of its political subdivisions or by the federal government; and

(2) contains the name of the person desiring to vote.

Notwithstanding these requirements, "valid identifying document" includes, if the document contains the voter's name, any of the following:

(A) a valid Illinois driver's license or valid Illinois identification card issued by the Secretary of State;

(B) a valid driver's license issued by a state other than Illinois;

(C) a valid United States passport or passport card;

(D) a valid employee identification card with a photograph of the eligible voter issued by any branch, department, agency, or entity of the United States government or of the State of Illinois, or by any county, municipality, board, authority, or other political subdivision of the State;

(E) a valid student identification card with a photograph of the eligible voter issued by an institution of higher education in the State, or a valid high school identification card issued by an Illinois high school;

(F) a valid military identification card issued by the United States with a photograph of the person desiring to vote;

(G) a valid Firearm Owner's Identification Card issued under the Firearm Owners Identification Card Act with a photograph of the person desiring to vote;

(H) a valid concealed carry license issued under the Firearm Concealed Carry Act;

(I) a valid Medicare card or Social Security card;

(J) a valid birth certificate;

(K) a valid voter registration card issued by an election authority in the State;

(L) a valid hunting or fishing license issued by the State;

(M) a valid identification card issued to the voter by the federal Supplemental Nutrition Assistance Program;

(N) a valid identification card issued to the voter by the Temporary Assistance for Needy Families program;

(O) a valid identification card issued to the voter by Illinois' Medical Assistance Program;

(P) a valid bank card or valid debit card;

(Q) a valid utility bill issued within 6 months of the date of the election;

(R) a valid bank statement issued within six months of the date of the election; or

(S) a valid health insurance card issued to the voter.

(Source: P.A. 98-1171, eff. 6-1-15.)

(10 ILCS 5/18A-5)

Sec. 18A-5. Provisional voting; general provisions.

(a) A person who claims to be a registered voter is entitled to cast a provisional ballot under the following circumstances:

(1) The person's name does not appear on the official list of eligible voters for the precinct in which the person seeks to vote and the person has refused an opportunity to register at the polling location or another grace period registration site. The official list is the centralized statewide voter registration list established and maintained in accordance with Section 1A-25;

(2) The person's voting status has been challenged by an election judge, a pollwatcher, or any legal voter and that challenge has been sustained by a majority of the election judges;

(3) A federal or State court order extends the time for closing the polls beyond the time period established by State law and the person votes during the extended time period;

(4) The voter registered to vote by mail and is required by law to present identification when voting either in person or by early voting ballot, but fails to do so;

(5) The voter's name appears on the list of voters who voted during the early voting period, but the voter claims not to have voted during the early voting period; or

(6) The voter received a vote by mail ballot but did not return the vote by mail ballot to the election authority; or

(7) The voter attempted to register to vote on election day, but failed to provide the necessary documentation.

(8) The voter was unable to provide a valid identifying document at the time of voting as required under Sections 17-9 or 18-5 of this Code.

(b) The procedure for obtaining and casting a provisional ballot at the polling place shall be as follows:

(1) After first verifying through an examination of the precinct register that the person's address is within the precinct boundaries, an election judge at the polling place shall notify a person who is entitled to cast a provisional ballot pursuant to subsection (a) that he or she may cast a provisional ballot in that election. An election judge must accept any information provided by a person who casts a provisional ballot that the person believes supports his or her claim that he or she is a duly registered voter and qualified to vote in the election. However, if the person's residence address is outside the precinct boundaries, the election judge shall inform the person of that fact, give the person the appropriate telephone number of the election authority in order to locate the polling place assigned to serve that address, and instruct the person to go to the proper polling place to vote.

(2) The person shall execute a written form provided by the election judge that shall state or contain all of the following that is available:

(i) an affidavit stating the following:

State of Illinois, County of ................, Township ............., Precinct ........, Ward ........, I, ......................., do solemnly swear (or affirm) that: I am a citizen of the United States; I am 18 years of age or older; I have resided in this State and in this precinct for 30 days preceding this election; I have not voted in this election; I am a duly registered voter in every respect; and I am eligible to vote in this election. Signature ...... Printed Name of Voter ....... Printed Residence Address of Voter ...... City ...... State .... Zip Code ..... Telephone Number ...... Date of Birth ....... and Illinois Driver's License Number ....... or Last 4 digits of Social Security Number ...... or State Identification Card Number issued to you by the Illinois Secretary of State........

(ii) A box for the election judge to check one of the 8 6 reasons why the person was given a provisional ballot under subsection (a) of Section 18A-5.

(iii) An area for the election judge to affix his or her signature and to set forth any facts that support or oppose the allegation that the person is not qualified to vote in the precinct in which the person is seeking to vote.

The written affidavit form described in this subsection (b)(2) must be printed on a multi-part form prescribed by the county clerk or board of election commissioners, as the case may be.

(3) After the person executes the portion of the written affidavit described in subsection (b)(2)(i) of this Section, the election judge shall complete the portion of the written affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).

(4) The election judge shall give a copy of the completed written affidavit to the person. The election judge shall place the original written affidavit in a self-adhesive clear plastic packing list envelope that must be attached to a separate envelope marked as a "provisional ballot envelope". The election judge shall also place any information provided by the person who casts a provisional ballot in the clear plastic packing list envelope. Each county clerk or board of election commissioners, as the case may be, must design, obtain or procure self-adhesive clear plastic packing list envelopes and provisional ballot envelopes that are suitable for implementing this subsection (b)(4) of this Section.

(5) The election judge shall provide the person with a provisional ballot, written instructions for casting a provisional ballot, and the provisional ballot envelope with the clear plastic packing list envelope affixed to it, which contains the person's original written affidavit and, if any, information provided by the provisional voter to support his or her claim that he or she is a duly registered voter. An election judge must also give the person written information that states that any person who casts a provisional ballot shall be able to ascertain, pursuant to guidelines established by the State Board of Elections, whether the provisional vote was counted in the official canvass of votes for that election and, if the provisional vote was not counted, the reason that the vote was not counted.

(6) After the person has completed marking his or her provisional ballot, he or she shall place the marked ballot inside of the provisional ballot envelope, close and seal the envelope, and return the envelope to an election judge, who shall then deposit the sealed provisional ballot envelope into a securable container separately identified and utilized for containing sealed provisional ballot envelopes. Ballots that are provisional because they are cast after 7:00 p.m. by court order shall be kept separate from other provisional ballots. Upon the closing of the polls, the securable container shall be sealed with filament tape provided for that purpose, which shall be wrapped around the box lengthwise and crosswise, at least twice each way, and each of the election judges shall sign the seal.

(c) Instead of the affidavit form described in subsection (b), the county clerk or board of election commissioners, as the case may be, may design and use a multi-part affidavit form that is imprinted upon or attached to the provisional ballot envelope described in subsection (b). If a county clerk or board of election commissioners elects to design and use its own multi-part affidavit form, then the county clerk or board of election commissioners shall establish a mechanism for accepting any information the provisional voter has supplied to the election judge to support his or her claim that he or she is a duly registered voter. In all other respects, a county clerk or board of election commissioners shall establish procedures consistent with subsection (b).

(d) The county clerk or board of election commissioners, as the case may be, shall use the completed affidavit form described in subsection (b) to update the person's voter registration information in the State voter registration database and voter registration database of the county clerk or board of election commissioners, as the case may be. If a person is later determined not to be a registered voter based on Section 18A-15 of this Code, then the affidavit shall be processed by the county clerk or board of election commissioners, as the case may be, as a voter registration application.

(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)

Section 10. The Illinois Vehicle Code is amended by changing Section 2-105 as follows:

(625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)

Sec. 2-105. Offices of Secretary of State.

(a) The Secretary of State shall maintain offices in the State capital and in such other places in the State as he may deem necessary to properly carry out the powers and duties vested in him.

(b) The Secretary of State may construct and equip one or more buildings in the State of Illinois outside of the County of Sangamon as he deems necessary to properly carry out the powers and duties vested in him. The Secretary of State may, on behalf of the State of Illinois, acquire public or private property needed therefor by lease, purchase or eminent domain. The care, custody and control of such sites and buildings constructed thereon shall be vested in the Secretary of State. Expenditures for the construction and equipping of any of such buildings upon premises owned by another public entity shall not be subject to the provisions of any State law requiring that the State be vested with absolute fee title to the premises. The exercise of the authority vested in the Secretary of State by this Section is subject to the appropriation of the necessary funds.

(c) Pursuant to Sections 1A-16.6 and Section 1A-25 of the Election Code, the Secretary of State shall make driver services facilities available for use as places of accepting applications for voter registration.

(d) (Blank).

(e) Each person applying at a driver services facility for a driver's license or permit, a corrected driver's license or permit, an Illinois identification card or a corrected Illinois identification card shall be notified, under the procedures set forth in Section 1A.16.6 of the Election Code, that his or her personal information shall be transferred to the State Board of Elections for the purpose of creating an electronic voter registration application, and that the individual will be registered to vote only if he or she meets the qualifications to register to vote in Illinois. that the person may apply to register to vote at such station and may also apply to transfer his or her voter registration at such station to a different address in the State. Such notification may be made in writing or verbally issued by an employee or the Secretary of State.

The Secretary of State shall promulgate such rules as may be necessary for the efficient execution of his duties and the duties of his employees under this Section.

(f) Any person applying at a driver services facility for issuance or renewal of a driver's license or Illinois Identification Card shall be provided, without charge, with a brochure warning the person of the dangers of financial identity theft. The Department of Financial and Professional Regulation shall prepare these brochures and provide them to the Secretary of State for distribution. The brochures shall (i) identify signs warning the reader that he or she might be an intended victim of the crime of financial identity theft, (ii) instruct the reader in how to proceed if the reader believes that he or she is the victim of the crime of identity theft, and (iii) provide the reader with names and telephone numbers of law enforcement and other governmental agencies that provide assistance to victims of financial identity theft.

(Source: P.A. 97-81, eff. 7-5-11.)

Section 99. Effective date. This Act takes effect upon becoming law.